[Congressional Record Volume 161, Number 14 (Wednesday, January 28, 2015)]
[Senate]
[Pages S601-S603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Schumer, Ms. Ayotte, Mr. 
        Blumenthal, Mr. Blunt, Ms. Cantwell, Mrs. Capito, Mr. Carper, 
        Mr. Casey, Mr. Coons, Mr. Cornyn, Mr. Daines, Mrs. Feinstein, 
        Mr. Franken, Mrs. Gillibrand, Mr. Graham, Mr. Grassley, Mr. 
        Inhofe, Mr. Isakson, Mr. Kirk, Ms. Klobuchar, Mr. Lee, Mr. 
        Markey, Mr. McCain, Mrs. Murray, Mr. Perdue, Mr. Portman, Mr. 
        Roberts, Mr. Rubio, Mr. Thune, Mr. Toomey, Mr. Udall, Mr. 
        Vitter, Ms. Warren, Mr. Whitehouse, and Mr. Manchin):
  S. 295. A bill to amend section 2259 of title 18, United States Code, 
and for other purposes; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, today I am introducing legislation to help 
victims of child pornography, one of society's most heinous crimes. I 
am joined by 34 Senators on both sides of the aisle. I hope this 
legislation will soon become law.
  Sexually exploiting a child distorts her life and leaves scars long 
after the abuse itself ends and the abuser has been prosecuted. For 
this reason, the Violence Against Women Act includes a provision 
requiring that in such cases a defendant must pay restitution to cover 
all of the victim's losses. Those losses can include future lost income 
as well as medical care, mental health counseling, and therapy.
  Child pornography isn't merely the record of a child's sexual abuse, 
it is itself an instance of abuse. The ongoing trafficking and those 
images pile harm upon harm. As a result, it becomes even more difficult 
for a victim to put together a life that was shattered before it had 
barely begun.
  As the Supreme Court has recognized, ``every viewing of child 
pornography is a repetition of the victim's abuse.'' The current 
restitution statute was enacted in 1994, before the Internet became 
prime real estate for trafficking of child pornography.
  It puts victims in an impossible bind. In a case decided last spring, 
the Supreme Court said the current restitution statute requires the 
victim to prove how much of her losses were specifically caused by a 
single defendant's possession of her images. With a burden like that, 
it is no wonder that under this statute victims receive no restitution 
at all in more than three-quarters of child pornography cases.
  The cruel irony today is that the more individuals who participate in 
harming a victim, the less any of them is financially responsible, and 
the less timely help the victim will receive. Perpetrators are easily 
lost in a crowd.

[[Page S603]]

  The bill I introduce today will amend the restitution statute so that 
it works for child pornography victims. It is named for Amy and Vicky, 
brave women who are the victims of two of the most widely viewed child 
pornography series in the world. Amy's case went before the Supreme 
Court last year, and my staff worked with the legal team for these 
women in developing this bill.
  I want to mention in particular James Marsh, whose legal practice in 
New York focuses exclusively on helping victims; Professor Paul Cassell 
at the University of Utah, who argued Amy's case before the Supreme 
Court; and Carol Hepburn, who practices law in Seattle on behalf of 
Vicky and many other victims.
  This bill changes the current restitution statute in three important 
ways so that it works for child pornography victims. First, it gives 
judges options for determining a victim's losses and calculating 
restitution. Second, it gives judges the ability to impose restitution 
on defendants in different kinds of cases to ensure that victims 
actually receive meaningful restitution. Third, it shifts the burden of 
chasing defendants all over the country from victims to defendants who 
can share the restitution costs with other defendants.
  Both Amy and Vicky personally support this bill. I am also pleased 
that many national victim advocacy groups support this bill, including 
the National Center for Missing and Exploited Children, the National 
Organization for Victim Assistance, the National Crime Victim Law 
Institute, the National Center for Victims of Crime, and the National 
Task Force to End Sexual and Domestic Violence Against Women.
  Last October I received a letter endorsing this bill signed by the 
attorneys general of 43 States, 22 Republicans and 21 Democrats.
  I want to share with my colleagues the story of a young man, a Utah 
resident, who uses the name Andy.
  Between the ages of 7 and 12, he was sexually abused by a trusted 
adult and family friend. Dr. David Corwin, the University of Utah child 
psychologist who examined him, said that based on 30 years of 
experience with child sexual abuse victims, the images and videos of 
Andy's abuse were the most disturbing he had ever seen.
  According to the FBI, the images and videos created from Andy's abuse 
are one of the most widely distributed boy series in the country. The 
FBI says that as of last month Andy is a named victim in 726 cases. He 
has been granted restitution in 24 of the 101 cases in which he 
requested it and has collected anything at all in only 2 cases.
  Andy wrote to support the bill I am introducing today. He addresses 
letters to the Members of the Congress, which means that he is writing 
to each Member of this body. Andy says this legislation will prevent 
him from having to spend decades trying to recover minuscule amounts of 
restitution from hundreds, if not thousands of defendants all over the 
country. I want my colleagues to hear his words:

       My images may never be taken off the Internet and may 
     always be circulating around the country. At least with this 
     congressional change, I can start to heal, learn how to 
     handle my circumstances, and re-build my life.

  There are many more Amys, Vickys, and Andys than any of us want to 
admit, and they need our help. In our system of government, we have the 
responsibility to pass or change legislation to address issues and 
problems Americans face. All the courts could do was confirm that the 
current restitution statute is no longer suited to help child 
pornography victims. It is now up to us to do our duty and enact a 
statute that will. Amy, Vicky, and Andy are counting on us, and we must 
not let them down.

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